inquiring into the said differences, and for adjusting the same on fair
and equitable principles_.” If that was not, in every legitimate sense,
a reference and submission, the commission was a transparent farce, and
the English language has ceased to convey definite ideas. How did the
commissioners regard the matter? “Perhaps,” said they in their report,
“no three men in British America were ever called to arbitrate upon
interests of the same magnitude, or questions of greater delicacy
affecting the welfare of large numbers of people. If a judge or a juror,
about to decide the title to a single estate, feels the responsibility
of his position, the undersigned may be pardoned for admitting that,
with hundreds of estates, and the interests of many thousands of persons
dependent upon their adjudication, they have only been sustained by a
very sincere desire to restore peace to a disturbed province.” And what
did all the legal gentlemen who, as counsel, represented before the
commissioners the various interests involved, think of the powers with
which they—the commissioners—were invested? Why, all their speeches
assumed that they were addressing themselves to adjudicators who had
ample authority to solve the questions in dispute. This was admitted by
Sir Samuel Cunard, as representing his co-proprietors, _after_ the award
of the commissioners was given; for in writing the Duke of Newcastle,
the law officers of the Crown represent him as saying “that the
landlords were ready to be bound by the decision of the three
commissioners, but that they were not prepared to hand over their
interests to the proposed arbitrators, and to embark in the expense and
dispute consequent on a multitude of petty arbitrations,”—referring to
the arbitrators proposed by the commissioners to determine the value of
every individual property, with a view to purchase by the tenant. Yet,
in the face of such overwhelming evidence, the colonial secretary had
the coolness to parade the opinion of the law officers of the Crown
before the government, legislature, and people of Prince Edward Island,
that there was no reference or award, properly so called, very prudently
abstaining from any expression of _his own_ opinion on the point.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account